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Terms of Use
Last Updated June 2013

By accessing this website and any materials presented herein (the "Site") ­ via any media or electronic device, including internet, telephone and wireless devices - you accept in their entirety and without modification the following terms and conditions pertaining to the use of the Site (these "Terms of Use"). Healthcare Value Capital LLP and its affiliates (collectively "HCV" or the "Firm") reserve the right to change these Terms of Use without notice at any time. Any such change to these Terms of Use shall be effective upon posting to the Site.

You acknowledge and agree that HCV may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, as determined in HCV´ sole and absolute discretion, and without prior notice. HCV will not be liable to you or any third party for any termination of your access to or use of the Site.

Each use of the Site constitutes your agreement to be bound by and comply with the then-current Terms of Use.

1. No Offer of Securities; No Advice
Each use of the Site constitutes your acknowledgement of, acceptance of, and agreement with the following: THIS SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY OR FINANCIAL INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY HCV.
ANY SUCH OFFER OR SOLICITATION:

  • WILL BE MADE ONLY BY MEANS OF A CONFIDENTIAL OFFERING MEMORANDUM,
  • WILL BE MADE ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL, AND
  • WILL BE MADE ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY HCV IN ITS SOLE AND ABSOLUTE DISCRETION.

Access to information about the investment funds managed by, or advisory services offered by, HCV is limited to investors who meet applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.

This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by HCV or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

2. Ownership, Limited License to Use the Site
HCV owns and maintains this Site, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software found therein.
By clicking "accept," HCV grants you a personal, limited, nonexclusive, non-transferable license to display and otherwise use portions of the Site, conditioned on your continued compliance with these Terms of Use, solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or code obtained from the Site without the prior express written permission of HCV. You may print one hard copy of the information and download one temporary copy of the information into one single computer´s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.

All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms of Use. Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of HCV, any of its affiliates and/or any other entity described on the Site.

Any data that you transmit to the Site becomes the property of HCV and may be used by HCV for any lawful purpose without restriction, subject to the Privacy Policy set forth in Section 5 below. HCV reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material contained in the Site.

3. Restricted Areas
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of HCV. Such passwords will only be issued to current investors in an investment fund sponsored or managed by HCV, or to prospective investors who are eligible to receive a Confidential Offering Memorandum for one or more of those investment funds or their respective agents and designees. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by HCV.

You may not allow others to use your user name or password to access or use any part of the Site. If your password has been compromised for any reason, you should contact HCV immediately for a new password.  If you provide your password to any third party, you will be in breach of these Terms of Use and in addition will be solely responsible for any actions taken by such third party using your password.

Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by HCV for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

4. No Warranty
YOUR USE OF THE SITE IS AT YOUR OWN RISK.

HCV AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN "AS AVAILABLE" BASIS. HCV, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. HCV EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.

You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.

HCV AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS. HCV AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.

5. General
Any notice to HCV shall be given in writing and sent by registered mail to Healthcare Value Capital LLP, 400 Madison Avenue, Suite 10A, New York, NY 10017, Attention: General Counsel, or at such successor address as designated by HCV in its sole discretion from time to time.

 
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